Ellithorpe v. City of Syracuse

Appellate Division of the Supreme Court of New York

Ellithorpe v. City of Syracuse

238 A.D.2d 935, 661 N.Y.S.2d 553, 1997 N.Y. App. Div. LEXIS 4759

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 25, 1997

StatusPublished

This text of 238 A.D.2d 935 (Ellithorpe v. City of Syracuse) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ellithorpe v. City of Syracuse, 238 A.D.2d 935, 661 N.Y.S.2d 553, 1997 N.Y. App. Div. LEXIS 4759 (N.Y. Ct. App. 1997).

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Opinion

—Judgment unanimously affirmed without costs. Memorandum: In this CPLR article 78 proceeding, petitioner, a former Airport Crash Rescue Worker employed by respondent, seeks an order directing respondent to pay his salary and medical expenses pursuant to General Municipal Law § 207-a. Because petitioner was not a member of an organized fire company or fire department within the meaning of the statute, Supreme Court properly [936]*936dismissed the petition (see, Robbins v County of Broome, 87 NY2d 831; see also, Matter of Syracuse Hancock Professional Firefighters Assn. v Newman, 110 AD2d 256, lv denied 67 NY2d 605). (Appeal from Judgment of Supreme Court, Onondaga County, Tormey, III, J.—CPLR art 78.) Present—Pine, J. P., Callahan, Doerr and Boehm, JJ.

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—Judgment unanimously affirmed without costs. Memorandum: In this CPLR article 78 proceeding, petitioner, a former Airport Crash Rescue Worker employed by respondent, seeks an order directing respondent to pay his salary and medical expenses pursuant to General Municipal Law § 207-a. Because petitioner was not a member of an organized fire company or fire department within the meaning of the statute, Supreme Court properly [936]*936dismissed the petition (see, Robbins v County of Broome, 87 NY2d 831; see also, Matter of Syracuse Hancock Professional Firefighters Assn. v Newman, 110 AD2d 256, lv denied 67 NY2d 605). (Appeal from Judgment of Supreme Court, Onondaga County, Tormey, III, J.—CPLR art 78.) Present—Pine, J. P., Callahan, Doerr and Boehm, JJ.

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238 A.D.2d 935, 661 N.Y.S.2d 553, 1997 N.Y. App. Div. LEXIS 4759, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ellithorpe-v-city-of-syracuse-nyappdiv-1997.

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